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2019 (9) TMI 688 - AT - Income TaxPenalty u/s 271(1)(c) - Notice in the name of merged company - curable defect - HELD THAT:- Impugned penalty order passed by the AO in the name of “M/s. Padampat Gopal Krishna Ramapanti Organization Ltd. (Merged with Gohoi Buildwell Ltd.Now known as V3S Infratech Ltd.)” is a substantive illegality and not a procedural violation of the nature adverted to in Section 292B; and hence order passed on amalgamated entity which ceases to exist is a nullity. Such an illegality cannot be cured on the ground that assessee participation in the proceedings as there cannot operate as an estoppel against law. Accordingly, impugned penalty order is quashed. - Decided in favour of assessee
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